Charges on a property or scam?
Discussion
Hi all, I have an old property miles away from where I live which I don't rent out and have left empty as it is for sale and has been for years. Recently I had an offer which I accepted, yesterday the agents said they had someone come into their office saying he had a charge on it and he was told to contact me, I would have assumed the man if legitimate ( or is it a scam when the sale board has changed to 'under offer' ) would have been able to trace me or I would have known something about it or can you put a charge on someone's property without contacting the owner and where/how can I find out if there is a charge and details ( I have no loans nor mortgage on it)? Thanks in advance
A charge is a mortgage. It is created by a deed that the owner signs so no, he can’t have put one on without your knowledge.
But this sounds massively fishy and potentially troublesome. Make sure you get your solicitor engaged on Monday, if you haven’t already, and straight on the case to find out what this person claims his interest is and get it ironed out before it turns the long awaited sale sour!
Hopefully it’s just a nutter.
But this sounds massively fishy and potentially troublesome. Make sure you get your solicitor engaged on Monday, if you haven’t already, and straight on the case to find out what this person claims his interest is and get it ironed out before it turns the long awaited sale sour!
Hopefully it’s just a nutter.
bladebloke said:
A charge is a mortgage. It is created by a deed that the owner signs so no, he can’t have put one on without your knowledge.
But this sounds massively fishy and potentially troublesome. Make sure you get your solicitor engaged on Monday, if you haven’t already, and straight on the case to find out what this person claims his interest is and get it ironed out before it turns the long awaited sale sour!
Hopefully it’s just a nutter.
Can't you also place a charge against a property for a debt??But this sounds massively fishy and potentially troublesome. Make sure you get your solicitor engaged on Monday, if you haven’t already, and straight on the case to find out what this person claims his interest is and get it ironed out before it turns the long awaited sale sour!
Hopefully it’s just a nutter.
OP have you ever declare bankrupt?
anothernameitist said:
Can't you also place a charge against a property for a debt??
OP have you ever declare bankrupt?
I don’t think you can just ring up the land registry and get them to place one because you tell them that Bob owes you some money, scout’s honour. I think it has to come from a court - which generally is not something that happens in secret.OP have you ever declare bankrupt?
Ignore the muppet comment about getting your solicitor involved, a total waste of money at this stage. Easy to check for 3 quid on the gov website.
Ask yourself a couple of questions
Have you any reason to think someone you have no knowledge of would have a charge on your property?
Did the person concerned go into the agents with any paperwork?
If the answer is no to both, then I think you have your answer.
Ask yourself a couple of questions
Have you any reason to think someone you have no knowledge of would have a charge on your property?
Did the person concerned go into the agents with any paperwork?
If the answer is no to both, then I think you have your answer.
mgsontour said:
... can you put a charge on someone's property without contacting the owner and where/how can I find out if there is a charge and details ...
As has been said, it's essential that you obtain a copy of your title from the Land Registry. If there is a charge it will show who registered it.There is actually a little known scam whereby the scammer finds a property that's been empty for ages (as in your case) and then gets the owner's name from the Land Registry.
He then issues an entirely fictitious County Court claim against the owner - perhaps for repayment of a fictitious loan.
He gives the property address as the defendant's address for service of the court documents, knowing it will probably never be collected.
The Claim Form is duly posted to the property, and when there's no response the scammer enters a default judgment for the amount claimed - say £100k.
He can then immediately apply for a Charging Order against the property, which is a charge imposed by the Court, and secures the judgment debt. This won't be opposed as the owner knows nothing about it.
The next step is to apply to the court for an Order for Sale. Again, this will be granted as the owner won't defend the application.
Armed with that Court Order the scammer can quite legally sell the property and scarper with the proceeds.
This scenario has actually happened, so you need to get that LR information ASAP.
And in return for this invaluable information please let us know the outcome!
Interesting stuff lads, no never been bankrupt nor got an outstanding debts either old/new and no paperwork was produced at the estate agents nor did he say who he was and unfortunately was never asked by reception. I'll take all comments onboard and dig around this week, thanks again for your help but smell something dodgy going on as it has only happened since the agreed sale unless it's a huge coincidence!
konark said:
Do you collect the post from the house and read it?
Until you know from LR that there definitely is a charge on the house it's possible that it was just some random nutter talking rubbish.
How would “random nutter” know that the house was up for sale? So it must be somebody local.....Until you know from LR that there definitely is a charge on the house it's possible that it was just some random nutter talking rubbish.
martinbiz said:
Ignore the muppet comment about getting your solicitor involved, a total waste of money at this stage. Easy to check for 3 quid on the gov website.
I missed that cheery response to my post.OP’s selling a house. He’ll no doubt be using a conveyancer already.
But you’re right, why on earth would OP bring this matter, which (if it’s not just nonsense) has serious potential to derail a long awaited sale, to the attention of the person whom he’s already engaged to deal with said sale (who is also able to quickly read and understand all relevant register entries, which could include restrictions and notices in addition to charges) as early as possible? What was I thinking?!
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff